Pride, Charles v. City of Eagle River, Wisconsin et al

Filing 5

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 5/7/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHARLES PRIDE,
v.

Plaintiff,

CITY OF EAGLE RIVER, WISCONSIN,
JEFF HYSLOP, FRED INTERMUEHLE,
JOE LAUX, JERRY BURKETT,
GEORGE MATTHEWS, KIM SCHAFFER,
CAROL HENDRICK, DEB BROWN,
EAGLE RIVER LIGHT AND WATER,
LARRY PHIFER, LON BUSHEY,
PAT WEBER, EAGLE RIVER PUBLIC WORKS DEPARTMENT,
JOE TOMLANOVICH, MIKE ADAMOVICH,
MIDSTATE ENGINEERING, SCOTT MARTIN,
BLACKHAWK ENGINEERING, GREG HUZA,
STEVE GARBOWICZ, JOHN NIEBUHR,
JOE RATH and JERRI RADTKE,

ORDER
13-cv-308-bbc

Defendants.

Plaintiff Charles Pride has filed a proposed civil complaint. Plaintiff has asked for leave
to proceed in forma pauperis and has supported his request with an affidavit of indigency. The
standard for determining whether plaintiff qualifies for indigent status is the following:
!

From plaintiff’s annual gross income, the court subtracts $3700 for each
dependent excluding the plaintiff.

!

If the balance is less than $16,000, the plaintiff may proceed without any
prepayment of fees and costs.

!

If the balance is greater than $16,000 but less than $32,000, the plaintiff must
prepay half the fees and costs.

!

If the balance is greater than $32,000, the plaintiff must prepay all fees and costs.

!

Substantial assets or debts require individual consideration.

In this case, plaintiff has no monthly income and no dependents. Plaintiff’s only assets
are $90 in a bank account and a 1986 Toyota valued at $1500. Because plaintiff’s income is less
than $16,000, he can proceed without any prepayment of fees or costs.
Accordingly, IT IS ORDERED that plaintiff Charles Pride’s complaint is taken under
advisement. As soon as the court’s calendar permits, plaintiff’s complaint will be screened
pursuant to 28 U.S.C. § 1915 to determine whether the case must be dismissed either because
the complaint is frivolous or malicious, fails to state a claim on which relief may be granted or
seeks monetary relief against a defendant who is immune from such relief. Plaintiff will be
notified promptly when such a decision has been made. In the meantime, if plaintiff needs to
communicate with the court about this case, he should be sure to write the case number shown
above on his communication.

Entered this 7th day of May, 2013.
BY THE COURT:

PETER OPPENEER
Magistrate Judge

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